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ESTATE OF KIM EX REL. ALEXANDER v. COXE

No. S-14077.

295 P.3d 380 (2013)

ESTATE OF Simone Young KIM, by its Personal Representative, Serena ALEXANDER, Chu Cha Kim, and Ambrosus H. Kim, Appellants, v. Ray COXE, d/b/a Rayco Sales, and Jason Coday, Appellees, and United States Of America, Intervenor-Appellee.

Supreme Court of Alaska.

February 22, 2013.

Attorney(s) appearing for the Case

Mark Choate , Choate Law Firm L.L.C., Juneau, and Jonathan E. Lowy and Daniel R. Vice , Brady Center To Prevent Gun Violence, Washington D.C., for Appellants.

Anthony M. Sholty and Lael A. Harrison , Faulkner Banfield, P.C., Juneau, for Appellee Coxe.

No appearance by Appellee Coday.

Richard Pomeroy , Assistant United States Attorney, and Karen Loeffler , United States Attorney, Anchorage, and Benjamin S. Kingsley , Attorney, Appellate Staff, Civil Division, and Tony West , Assistant Attorney General, Washington D.C., for Intervenor-Appellee United States of America.

Before: CARPENETI, Chief Justice, FABE, WINFREE, and STOWERS, Justices.

OPINION

WINFREE, Justice.

I. INTRODUCTION

Jason Coday shot and killed Simone Kim with a rifle obtained from Ray Coxe's gun store. Kim's Estate (the Estate) brought a wrongful death action against Coxe, alleging that Coxe negligently or illegally provided Coday the rifle. Coxe defended in part by asserting immunity under the Protection of Lawful Commerce in Arms Act1 (PLCAA). The Estate argued against applying...

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